Governor · Executive Order 2026-005Responsible data-center development standard
Sep 17, 2026 · Issued; later status and implementation unverified
Gov. Joe Lombardo · Issued
Reviewed governor provisions
Sections 1–3 protect full Local School Support Tax payments and require consultation with affected school districts. Section 1: Policy. It is the policy of this State to facilitate data center development that meets the standard this Order establishes, and to measure every application against it. The standard is a partnership whose terms run in both directions. The developer pays the Local School Support Tax in full, bears the costs its project causes and protects the water, the electrical grid and the community that hosts it. The State provides terms that are uniform and known in advance, acts on a complete application without avoidable delay, and works to deliver the electrical power the project requires. The requirement is that Nevadans benefit, on terms that are reasonable and customary to every party and that reflect equity, neutrality and shared benefit with the State, its residents and its existing businesses. No cost of serving a data center is borne by any other ratepayer, and no ratepayer pays more because a data center was built. Where a data center's investment strengthens the grid, the benefit of that investment is not the data center's alone; it inures to the benefit of every ratepayer. Section 2: Minimum terms for an application. The Executive Director of the Governor's Office of Economic Development shall not bring before the Board of Economic Development (the "Board") an application for a partial abatement under NRS 360.754 for a data center unless the application provides for a combined sales and use tax rate of not less than 4.6 percent, consisting of the tax imposed by the Sales and Use Tax Act and the Local School Support Tax, neither abated in any amount. Section 3: The Nevada Community Support Commitment. (a) The Executive Director shall not bring an application for a data center abatement before the Board unless the applicant has executed the Nevada Community Support Commitment (the "Commitment"), in the standard form published under this Section or, until then, on the terms this Section describes, incorporated into the agreement executed under NRS 754. (b) The Commitment shall obligate the applicant as to water, ratepayers, grid reliability, siting and neighbors, workforce, community benefit, transparency and speed to power, on uniform terms the Executive Director shall publish on or before November 6, 2026 in consultation with the State Engineer, the Public Utilities Commission of Nevada (the "Commission"), and the other agencies, local governments and school districts concerned. At a minimum it shall provide that the facility meets the water standard for its location; that it bears the cost of serving it, so that other customers of the electric utility carry none of that cost, the instrument and terms being for the Commission to determine; that its operation during a declared grid emergency not come at the expense of firm service to homes and existing businesses, that it comply with any load reduction requirement applicable to the facility under the electric utility's approved tariffs or under another tariff, agreement, order or program the Commission approves, including a requirement to reduce load when the electric utility or the balancing authority so directs, relying where necessary and appropriate on alternative or redundant energy systems, the terms of any such obligation being for the Commission to determine, and that a facility providing essential services, such as emergency communications and 9-1-1, public safety, health care, utility control systems, telecommunications, payment systems, transportation control and continuity of government, be treated as an essential service as that program designates, provided that its development and operation will not increase the risk to the stability or availability of power, or the cost of energy, for existing customers; that no payment or exaction beyond the taxes paid and the obligations undertaken is required; that an uncured material failure suspends the abatement and requires recapture, proportionate to the nature and circumstances of the failure, to the extent NRS 360.754 permits, and that a material failure to comply with a grid reliability obligation during a declared grid emergency is a default without a cure period; and that obligations protecting third parties bind successors and survive the abatement. Section 7: Savings clauses, effective date and duration. Nothing in this Order shall be construed to apply to an application the Board approved before its effective date or to an agreement under it; to limit or direct the discretion of the Board; to condition any statutory duty of any agency upon the Commitment; to direct the Commission, alter its jurisdiction, or delay, alter, reopen, supplement or condition any proceeding pending before it or any tariff, agreement, order, approval or resource plan it has approved, an applicant's obligations being conditions of the assistance of this State and not a prerequisite to or condition upon any action of the Commission; or to limit the land use authority of a county or city. This Order is effective immediately, applies to every application not yet acted upon by the Board, and remains in effect until rescinded or superseded by regulation, guidelines adopted under the State Plan for Economic Development, or act of the Legislature. Applies immediately to applications not yet acted on; excludes earlier approved applications/agreements, preserves Board discretion, statutory agency duties, PUC jurisdiction, pending/approved proceedings and local land-use authority. Foreign-adversary ownership/control bars state abatements, not all data centers. Uniform commitments are due November 6 and the power plan December 31, 2026. Ordinary uncured material failures can cause proportional recapture within statute; a grid-reliability default during a declared emergency has no cure period. The web text says “NRS 754” once while otherwise citing NRS 360.754; keep this discrepancy, and do not claim an authenticated corrected original or existing approved tariff. Complete selected official web text is reviewed. Shared seal/signature assets do not independently authenticate a dated signed instrument. Other executive source families, later legal status and actual implementation require separate evidence.
Review selected executive provisions (4 sections)
These describe the original executive instrument provisions selected for this topic. Later amendments and current implementation require separate evidence.
- Section 1: Policy. It is the policy of this State to facilitate data center development that meets the standard this Order establishes, and to measure every application against it. The standard is a partnership whose terms run in both directions. The developer pays the Local School Support Tax in full, bears the costs its project causes and protects the water, the electrical grid and the community that hosts it. The State provides terms that are uniform and known in advance, acts on a complete application without avoidable delay, and works to deliver the electrical power the project requires. The requirement is that Nevadans benefit, on terms that are reasonable and customary to every party and that reflect equity, neutrality and shared benefit with the State, its residents and its existing businesses. No cost of serving a data center is borne by any other ratepayer, and no ratepayer pays more because a data center was built. Where a data center's investment strengthens the grid, the benefit of that investment is not the data center's alone; it inures to the benefit of every ratepayer.
- Section 2: Minimum terms for an application. The Executive Director of the Governor's Office of Economic Development shall not bring before the Board of Economic Development (the "Board") an application for a partial abatement under NRS 360.754 for a data center unless the application provides for a combined sales and use tax rate of not less than 4.6 percent, consisting of the tax imposed by the Sales and Use Tax Act and the Local School Support Tax, neither abated in any amount.
- Section 3: The Nevada Community Support Commitment. (a) The Executive Director shall not bring an application for a data center abatement before the Board unless the applicant has executed the Nevada Community Support Commitment (the "Commitment"), in the standard form published under this Section or, until then, on the terms this Section describes, incorporated into the agreement executed under NRS 754. (b) The Commitment shall obligate the applicant as to water, ratepayers, grid reliability, siting and neighbors, workforce, community benefit, transparency and speed to power, on uniform terms the Executive Director shall publish on or before November 6, 2026 in consultation with the State Engineer, the Public Utilities Commission of Nevada (the "Commission"), and the other agencies, local governments and school districts concerned. At a minimum it shall provide that the facility meets the water standard for its location; that it bears the cost of serving it, so that other customers of the electric utility carry none of that cost, the instrument and terms being for the Commission to determine; that its operation during a declared grid emergency not come at the expense of firm service to homes and existing businesses, that it comply with any load reduction requirement applicable to the facility under the electric utility's approved tariffs or under another tariff, agreement, order or program the Commission approves, including a requirement to reduce load when the electric utility or the balancing authority so directs, relying where necessary and appropriate on alternative or redundant energy systems, the terms of any such obligation being for the Commission to determine, and that a facility providing essential services, such as emergency communications and 9-1-1, public safety, health care, utility control systems, telecommunications, payment systems, transportation control and continuity of government, be treated as an essential service as that program designates, provided that its development and operation will not increase the risk to the stability or availability of power, or the cost of energy, for existing customers; that no payment or exaction beyond the taxes paid and the obligations undertaken is required; that an uncured material failure suspends the abatement and requires recapture, proportionate to the nature and circumstances of the failure, to the extent NRS 360.754 permits, and that a material failure to comply with a grid reliability obligation during a declared grid emergency is a default without a cure period; and that obligations protecting third parties bind successors and survive the abatement.
- Section 7: Savings clauses, effective date and duration. Nothing in this Order shall be construed to apply to an application the Board approved before its effective date or to an agreement under it; to limit or direct the discretion of the Board; to condition any statutory duty of any agency upon the Commitment; to direct the Commission, alter its jurisdiction, or delay, alter, reopen, supplement or condition any proceeding pending before it or any tariff, agreement, order, approval or resource plan it has approved, an applicant's obligations being conditions of the assistance of this State and not a prerequisite to or condition upon any action of the Commission; or to limit the land use authority of a county or city. This Order is effective immediately, applies to every application not yet acted upon by the Board, and remains in effect until rescinded or superseded by regulation, guidelines adopted under the State Plan for Economic Development, or act of the Legislature.
The official web execution clause gives 2026-09-17. Applies immediately to applications not yet acted on; excludes earlier approved applications/agreements, preserves Board discretion, statutory agency duties, PUC jurisdiction, pending/approved proceedings and local land-use authority. Foreign-adversary ownership/control bars state abatements, not all data centers. Uniform commitments are due November 6 and the power plan December 31, 2026. Ordinary uncured material failures can cause proportional recapture within statute; a grid-reliability default during a declared emergency has no cure period. The web text says “NRS 754” once while otherwise citing NRS 360.754; keep this discrepancy, and do not claim an authenticated corrected original or existing approved tariff.
Why this record is included
Sections 1–3 protect full Local School Support Tax payments and require consultation with affected school districts.
Retained Nevada evidence context: crime · reviewed Nevada policy context · health · reviewed Nevada policy context · income-taxes · reviewed Nevada policy context · education · reviewed Nevada policy context · energy · reviewed Nevada policy context · deficit-debt-interest · reviewed Nevada policy context · real-gdp · reviewed Nevada policy context · cpi · reviewed Nevada policy context · unemployment-rate · reviewed Nevada policy context. This record’s connection to the topic does not establish an effect on the measured result.
Policy. It is the policy of this State to facilitate data center development that meets the standard this Order establishes, and to measure every application against it. The standard is a partnership whose terms run in both directions. The developer pays the Local School Support Tax in full, bears the costs its project causes and protects the water, the electrical grid and the community that hosts it. The State provides terms that are uniform and known in advance, acts on a complete application without avoidable delay, and works to deliver the electrical power the project requires. The requirement is that Nevadans benefit, on terms that are reasonable and customary to every party and that reflect equity, neutrality and shared benefit with the State, its residents and its existing businesses. No cost of serving a data center is borne by any other ratepayer, and no ratepayer pays more because a data center was built. Where a data center's investment strengthens the grid, the benefit of that investment is not the data center's alone; it inures to the benefit of every ratepayer. Minimum terms for an application. The Executive Director of the Governor's Office of Economic Development shall not bring before the Board of Economic Development (the "Board") an application for a partial abatement under NRS 360.754 for a data center unless the application provides for a combined sales and use tax rate of not less than 4.6 percent, consisting of the tax imposed by the Sales and Use Tax Act and the Local School Support Tax, neither abated in any amount. The Nevada Community Support Commitment. (a) The Executive Director shall not bring an application for a data center abatement before the Board unless the applicant has executed the Nevada Community Support Commitment (the "Commitment"), in the standard form published under this Section or, until then, on the terms this Section describes, incorporated into the agreement executed under NRS 754. (b) The Commitment shall obligate the applicant as to water, ratepayers, grid reliability, siting and neighbors, workforce, community benefit, transparency and speed to power, on uniform terms the Executive Director shall publish on or before November 6, 2026 in consultation with the State Engineer, the Public Utilities Commission of Nevada (the "Commission"), and the other agencies, local governments and school districts concerned. At a minimum it shall provide that the facility meets the water standard for its location; that it bears the cost of serving it, so that other customers of the electric utility carry none of that cost, the instrument and terms being for the Commission to determine; that its operation during a declared grid emergency not come at the expense of firm service to homes and existing businesses, that it comply with any load reduction requirement applicable to the facility under the electric utility's approved tariffs or under another tariff, agreement, order or program the Commission approves, including a requirement to reduce load when the electric utility or the balancing authority so directs, relying where necessary and appropriate on alternative or redundant energy systems, the terms of any such obligation being for the Commission to determine, and that a facility providing essential services, such as emergency communications and 9-1-1, public safety, health care, utility control systems, telecommunications, payment systems, transportation control and continuity of government, be treated as an essential service as that program designates, provided that its development and operation will not increase the risk to the stability or availability of power, or the cost of energy, for existing customers; that no payment or exaction beyond the taxes paid and the obligations undertaken is required; that an uncured material failure suspends the abatement and requires recapture, proportionate to the nature and circumstances of the failure, to the extent NRS 360.754 permits, and that a material failure to comply with a grid reliability obligation during a declared grid emergency is a default without a cure period; and that obligations protecting third parties bind successors and survive the abatement. Savings clauses, effective date and duration. Nothing in this Order shall be construed to apply to an application the Board approved before its effective date or to an agreement under it; to limit or direct the discretion of the Board; to condition any statutory duty of any agency upon the Commitment; to direct the Commission, alter its jurisdiction, or delay, alter, reopen, supplement or condition any proceeding pending before it or any tariff, agreement, order, approval or resource plan it has approved, an applicant's obligations being conditions of the assistance of this State and not a prerequisite to or condition upon any action of the Commission; or to limit the land use authority of a county or city. This Order is effective immediately, applies to every application not yet acted upon by the Board, and remains in effect until rescinded or superseded by regulation, guidelines adopted under the State Plan for Economic Development, or act of the Legislature.
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